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Ask Jim Reilly Your Own Question

Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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need to chat with legal expert, possibly criminal law, altho

Resolved Question:

need to chat with legal expert, possibly criminal law, altho i did nothing illegal....i've lost my driver's license in such a way (police error) that so far it has been impossible to get it reinstated. I am willing to do whatever it takes to get my license back. thank you.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
As you will see when you review your post, both your email address and phone number show up as xxx's. Per the JA terms of service, all contact must be via the site.

I would be happy to try to help you, but need more specific information about why your driver's license was suspended. You say that you did nothing criminal and that you have contacted the RMV medical affairs office, which suggests that it is administrative suspension, perhaps based on a medical condition. Is that the case? If so, what condition and under what circumstances was the license suspension imposed.

Also, what role do police abuse/harassment and human rights play in the situation?
Customer: replied 5 years ago.
hi, jim reilly.sorry about putting email and phone# XXXXX request...thought it might add authenticity to my request (i'm also in the cape cod phone book)

here's what happened:
on march 17/08, i came home from about an hour's shopping and found the entire eastham and orleans fire and police departments on my lawn. i lost everything i owned, including my 2 5-month old kittens.
shortly thereafter, a very young rookie patrolman, brian d. carchedi, age 24 at the time, went on a "crusade." a boston police officer friend said the young man sounded "overzealous"

in april he faxed the Registry of Motor Vehicles a request for "immediate suspension/'medical threat"). he gave no medical reasons (there are none) and he gave 3 "reasons" which were not true (his own police reports document this).

reason 1: on the basis of "unidentified callers" he wrote police reports on my going over curbs 3 times on finlay rd, orleans (THERE ARE NO CURBS ON FINLAY RD.), and he included a photo he labeled "fresh curb marks on tires from finaly rd." I would have had to have picked my jeep up and dragged it sideways along the street to get ANY marks on the tires. patrolman carchedi did a rather miserable photo-shop job on a poor photo (i know this because i've been a graphic arts/computer teacher/technician for many years
reason2: "hit and run" at snow library, orleans, on the basis of a note left on a windshield by a woman who did not see any accident (and certainly not one involving me. no marks on my jeep).
patrolman carchedi, with 2 young police friends, hands on gun butts, came to my home and questioned me. carchedi called me a liar. he went around and around my jeep taking photos, and the more he found no signs of any collision, the more agitated he became. i told him i was not lying, and that, moreover, i was a teacher, not a criminal. he then got in my face, so close that spit from his mouth hit my face, and jeered "oh teacher, teacher...teach me how to tell the truth." i didn't lose my composure, tho i certainly felt like it. i merely said, "well...just do as i do, and....tell the truth.." He insisted i was a liar, and said that even tho he didn't have to, he was going to write me a criminal citation (for a misdemeanor, which i didn't do in the first place.)
That went before the magistrate in orleans second district court, and she dismissed the case, "no probable cause."
reason 3: 2 days after my house burned, patrolman carchedi said that i stalled out and rolled into his cruiser at skaket corners. i am not sure about this. at the time, his vehicle was UPHILL from me....but in any case, he wrote in his report, no damage to either vehcile, and driver ok to drive...later he used this as a reason to get my license revoked.

i went to a hearings officer at the registy of motor vehicles, and he said i had to get a medical evaulation signed off by my doctor. NO MEDICAL REASON WAS GIVEN BY THE PATROLMAN. NO DOCTOR WILL SIGN OFF ON A MEDICAL EVAL WITH NO MEDICAL REASON GIVEN. 2 DOCTORS REFUSED TO EVEN DEAL WITH MY PROBLEM. A THIRD, DR. KHAN OF OUTER CAPE HEALTH, WELLFLEET, FAXED A LETTER TO THE ORLEANS POLICE DEPT.ASKING WHAT THE MEDICAL THREAT WAS, SO THAT HE COULD ADDRESS IT AND I COULD GET MY LICENSE BACK. THE POLICE DEPT. TURNED THAT LETTER OVER TO THE TOWN COUNSEL, MICHAEL FORD OF HARWICH. THAT WAS 2 WEEKS AGO. THE POLICE DEPARTMENT IS IGNORING ME AND MY DOCTOR. I HAVE DONE NOTHING TO DESERVE THIS SUSPENSION...AND WHAT SHOULD HAVE BEEN A SMALL MISTAKE CORRECTED BY A RESPONSIBLE POLICE CHIEF HAS TURNED INTO A MAJOR DILEMMA, THAT NOT EVEN THE REGISTRY KNOWS HOW TO SOLVE. I BELIEVE I AM THE INJURED PARTY, BUT MY EXPERIENCE WITH THE LEGAL SYSTEM IS VERY LIMITED. I NEED MY LICENSE BACK. IS THIS THE KIND OF SUIT THAT ATTORNEYS TAKE ON CONSIGNMENT? DO WE SUE THE TOWN/POLICE DEPT. FOR.....WHATEVER IT IS THEY DID THAT WAS VERY VERY WRONG????

BY THE WAY....AFTER THEY HAD MY LICENSE SUSPENDED, THEY STOPPED ME FOR WALKING ON FINLAY RD. IN ORLEANS. THIS WAS JUST PLAIN WALKING, NOT JAYWALKING.

I NEED SOME ADVICE. I HAVE KINDS OF RECORDS AND A FAX (OR CAN EMAIL SCANNED RECORDS.

PLEASE LET ME KNOW WHAT YOU THINK....AND LET ME KNOW IF YOU HAVE ANY MORE QUESTIONS. NO LOCAL LAYWERS WILL TOUCH IT. WHO WANTS THE POLICE DEPT.ON THEIR TAIL???

THANKS,
JHS

Expert:  Jim Reilly replied 5 years ago.
Janet,

I am sorry to hear about the loss of your home and your kittens ... my fiancee and I have three cats and a dog and would be devastated by losses of the kind you suffered.

The three incidents on which this suspension appear to be based do not seem to implicate any medical basis for suspending your license. And I can understand why your doctors (or any doctor for that matter) would be reluctant to address the medical basis for a license suspension when he or she has no idea what that medical basis is.

You are, however, entitled by law to be provided with notice of the specific basis on which your license was suspended and to a hearing to determine whether or not there is a physical/medical condition which justifies license restriction or suspension.

And since you have found a doctor who is willing to address the issue, if only you could find out what it is, I suggest you (or he) provide his letter of request directly to the RMV, rather than the police department, so that he can be provided with a statement of the basis for the suspension.

If that fails to produce a statement of specifics, it may ultimately prove necessary to file a lawsuit challenging the validity of the administrative proceedings. If no local lawyer will handle it, perhaps you could find a Boston attorney who is willing. You can try the Boston Bar Association Lawyer Referral Service, the webpage for which is:

http://www.bostonbar.org/lrs/

They charge a maximum of $25 for an initial consultation of one-half hour, which should be enough to determine whether you would want to hire the particular attorney and for him to decide if he is willing to take your case. Under the circumstances, I would expect you could do this consultation by telephone.

Your primary focus at this point should be the RMV administrative process, rather than suing the town or the police department (though that might be an appropriate consideration at some point down the road). First things first, which would be getting your license reinstated.

Do you have any medical condition of any kind which does or might interfere with your ability to drive?

I will be offline after I post this, but will check in again tomorrow morning.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 7 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
NO MEDICAL CONDITION.LAST YEAR (2007) DIAGNOSED W/DIABETES TYPE 2, WELL UNDER CONTROL W/DIET, EXERCISE AND A SMALLAMOUNT OF PILLS., SIGNED FOR REGISTRY BY DR., WHO WILLHAVE NOTHING TO DO WITH THIS YEAR'S BOGUS SIGN-OFF.
ALREADY TRIED RMV HEARING. THEY WANT A MEDICAL SIGN-OFF. THE REGISTRY OMBUDSMAN TOLD ME I WOULD PROBABLY NEVER BE ABLE TO GET MY LICENSE BACK. THIS IS TOUGHER THAN IT MAY HAVE SOUNDED AT FIRST. I REALLY HAVE TRIED EVERYTHING I COULD THINK OF. DID I TELL YOU THAT I HAVE NEVER BEEN ARRESTED, AND THAT NO ONE IN MY FAMILY HAS EVER BEEN ARRESTED?
Expert:  Jim Reilly replied 5 years ago.
Controlled diabetes would not normally be a basis for medical suspension or revocation of a driver's license.

What do you mean that the doctor who signed previously "will have nothing to do with this year's bogus sign-off"?

Did the Registry Ombudsman tell you why you would probably never be able to get your license back?

If there is nothing else in your driving history, something about this situation is not making sense to me. Is this strictly a "mature driver" issue?
Customer: replied 5 years ago.
hi, again--
the doctor who signed last year "fired" me (discharged me as a patient) when i brought him the form from the RVM with the 3 alleged offenses highlighted in yellow. The sign off would be bogus because there is nothing to sign off on.

the ombudsman said i MUST get a medical clearanace. so far that is impossible. it doesn't matter that the reasons the patrolman gave were bogus, i.e., not true.

the ombudman also said i probably would have to sue the town of orleans police dept. if i ever wanted my license back. that seems extreme to me, but if need be, i will do it.

i am 61 years old, which may be mature, but not old enough for social security. i am in good health. i walk 6 to 10 miles per day for transportation (when i don't get stopped by yet another cop for WALKING. it is strictly a young cop made a mistake and the chief is doing his best to cover it up situation. why else would they turn my doctor's letter asking for the medical threat reason to the TOWN COUNSEL???? i think they PROBABLY didn't mean for things to go this far, but the mistake has had horrible fallout. if i do need to sue the town of orleans, i need the best, XXXXX XXXXX lawyer i can find.

i've been a taxpayer/resident here in this town for 27 years. schoolteacher. graphic artist.computer instructor/fixer, member of several town committees, including school committe and cultural council.....i lead a quiet life. AGAIN, i have never been arrested for anything. not even the alleged "criminal misdemeanor" that was thrown out of court.

i was wondering if there were some provision in the law that would allow for me to drive which this stuff is being decided. 5 months is a long time. Forever is unacceptable.

jhd
Customer: replied 5 years ago.
hi, again--
the doctor who signed last year "fired" me (discharged me as a patient) when i brought him the form from the RVM with the 3 alleged offenses highlighted in yellow. The sign off would be bogus because there is nothing to sign off on.

the ombudsman said i MUST get a medical clearanace. so far that is impossible. it doesn't matter that the reasons the patrolman gave were bogus, i.e., not true.

the ombudman also said i probably would have to sue the town of orleans police dept. if i ever wanted my license back. that seems extreme to me, but if need be, i will do it.

i am 61 years old, which may be mature, but not old enough for social security. i am in good health. i walk 6 to 10 miles per day for transportation (when i don't get stopped by yet another cop for WALKING. it is strictly a young cop made a mistake and the chief is doing his best to cover it up situation. why else would they turn my doctor's letter asking for the medical threat reason to the TOWN COUNSEL???? i think they PROBABLY didn't mean for things to go this far, but the mistake has had horrible fallout. if i do need to sue the town of orleans, i need the best, XXXXX XXXXX lawyer i can find.

i've been a taxpayer/resident here in this town for 27 years. schoolteacher. graphic artist.computer instructor/fixer, member of several town committees, including school committe and cultural council.....i lead a quiet life. AGAIN, i have never been arrested for anything. not even the alleged "criminal misdemeanor" that was thrown out of court.

i was wondering if there were some provision in the law that would allow for me to drive which this stuff is being decided. 5 months is a long time. Forever is unacceptable.

jhs


i have a 4-page "cliff notes" summary of the whole mess...you are welcome to read it if i can fit it in the "reply" box....
Expert:  Jim Reilly replied 5 years ago.
Janet ----- I am about to go offline for a few hours. I will come back later this evening with an additional response.
Customer: replied 5 years ago.
Looking forward to it.

Jan

Customer: replied 5 years ago.
tx
p.s.: am on social security disabilty, for recurrent severe clinical depression without psychoses, ptsd. this has never had any effect on my driving. i've driven 16-passenger vans (with those nice blue state plates, full of rambunctious teenagers...my insurance is fully paid up. my registration and license are current. i've even paid my AAA for the year. how stupid is that?
Expert:  Jim Reilly replied 5 years ago.
The ombusman may or may not be right about needing a medical signoff, but he is definitely wrong about having to sue the Orleans PD. Only RMV has authority to make the decision whether or not to reinstate your license.

At what office of the RMV did you speak with the ombudsman? Do you recall the name of this person?

Well, you may be mature, but you're not as mature as I am! Wink And certainly not mature enough for the "mature driver" provisions to be a consideration.

As for your last question, there is no provision in the law that would allow you to drive while this stuff is being decided. I wish I could tell you otherwise.

Retyping your whole "cliff notes" in the reply box would be a lot of work. Has RMV given any indication that they consider your ss disability a consideration in your license revocation?
Customer: replied 5 years ago.
the theory was that the orleans pd need to recant/recall their "request for immediate suspension" and say it was a mistake, which it was.

i spoke with ombusman richard stone--phone six one seven nine seven threeseven seven seven seven. at first he thought we would be able to solve my problem quckly. then, when the RMV could find no medical reasons for this year, they went back to last year, which has already been signed off on. i was diagnosed with diabetes 2 last year...1st time i'[ve been in a hospital overnight since i had my tonsils out when i was seven. that's when my last year's endocrinologist "fired" me. his being iranian might have something to do with his not wanting to take any risks. Dr. Umar Khan, the doctor who wrote the letter to the police dept.......went on a vacation to canada with his wife and young children. they would not let him back across the canadian-us border because they said he waa a terrorist. he had to go home to india, with his family, and return to the us and his practice via a new work visa. he's a brave man, and so far has said and done the most intelligent things...like asking the police what the medical threat was....

glad my "maturity" is not the sum total of my existence. ....and i wish i could get my license quickly because the builders are starting demo work on my house next week and i have tons of stuff to bring to the dump....and not enough money to pay a service to do it. my jeep has a perfectly legal dump sticker.....maybe i should plaster the sticker to my forehead and WALK my garbage to the dump. $75./yr for the privilege.

no mention of my disabilty. i don't know if anyone even knows about it.

i really would like to find out the QUICKEST way to get my license back, and worry about suing people some other time....one thing i was told to do (by the RMV dept. of medical affairs) was to send my doctor's letter to them, as well as the material for 2008 that the RMV had sent me. and MAYBE the 2007 material they had to go back to to find any illness.
i really thank you for your intereset. it's helping me to start thinking again. being shot down continuallly is debilitating.....you're a shot in the arm :)
Expert:  Jim Reilly replied 5 years ago.
>> the theory was that the orleans pd need to recant/recall their "request for immediate suspension" and say it was a mistake, which it was. <<

The problem with that theory is that you can't force them to recant/recall their request by suing them. There is no legal basis for a lawsuit to compel the police department to exercise (or not exercise) their discretion. What you really want to do is demonstrate that their request was unfounded ... and the way to do that is via an RMV hearing, not a separate lawsuit. You could in theory sue the PD for damages, but in and of itself, that wouldn't get your license reinstated.

>> one thing i was told to do (by the RMV dept. of medical affairs) was to send my doctor's letter to them, as well as the material for 2008 that the RMV had sent me. and MAYBE the 2007 material they had to go back to to find any illness. <<

If you have not already done this, you should do it immediately, as this may well be the answer to your quest for the fastest way to resolve this problem. If this doesn't get it done, then I'm back to my suggestion that you contact the Boston Bar Association re obtaining an attorney to assist you with respect to the RMV process.

You're welcome, Janet, I'm happy to be able to provide some assistance.
Customer: replied 5 years ago.
hi--gonna try to send the cliff notes thru as a copy and paste....smaller. here goes nothing!

Janet H. Sullivan

P.O. Box 1199/143 Tonset Road, Orleans, Massachusetts 02653

Telephone and Fax: (XXX) XXX-XXXX E-mail: XXXXX@XXXXXX.XXX

To Whom it May Concern:

This document and the accompanying appendices/police reports detail a situation that has made my life very difficult, threatened my health, and placed me in total despair for a solution. In short form, the Orleans Police Department violated guidelines for having my license suspended, the Registry “rubber-stamped” that suspension, and, now, because, they violated their own procedures, there is no defined path for getting my license back. Not to mention any sense of due process!

If I had done something wrong, like being arrested for DUI, for example, I would now have my license back. Because I did not do anything wrong, there is no solution, leaving me quite simply the victim of police abuse, denied the ability to lead even a simple life in this small Cape Cod town, with negligible public transportation.

Orleans is part of the United States, is it not? Yet the whim of a local policeman can virtually snuff out my ability to lead even a simple life.

I have photocopied pages of the police reports given to me by the Orleans Police Department on various dates, and some other pertinent documents. Following are some of my observations.

One: An insurance claim was filed against me for an accident for which I had no blame. Patrolman Brian D. Carchedi, the policeman who started this whole episode, did not witness the accident. He based his action solely on a note left by someone sitting in the parking lot:

“Mon. April 7 1:25 p.m. Hello- I was sitting in my car as the car between yours and mine pulled out and I heard a crunch. I looked up and saw the woman driver hesitate look at your car and then drive away. The license of her black jeep was 9456EB. If you need me at a witness of have any questions please fell free to call-XXX-XXX-XXXX Susan Weegar”

This is a word-for-word copy, spelling, punctuation, and grammar uncorrected, of the note left by Ms Weegar.

Have you ever been to the Orleans Snow Library? Who would NOT hesitate pulling out of that parking lot, full of pedestrians—children, elderly people, many vehicles? It would be criminal negligence NOT to hesitate. But to infer that because I hesitated, I hit a car is erroneous. Everybody backing out of that lot could be so accused. I did not strike this person’s vehicle, and there is NO evidence on my vehicle of striking anything.

Patrolman Carchedi said she was “sitting in her car eating a sandwich.” Perhaps this was the crunch she heard.

TWO: Patrolman Carchedi described our encounter at my place of residence in his police report. I describe our encounter here:

There was a knock on my door. Patrolman Carchedi asked me if I had been to Snow Library that afternoon. I said, “Yes.” (I did NOT throw my arms up in the air in a frantic manner and begin screaming and yelling at the patrolman that everyone was out to get me……that is behavior stereotypically attributed to people of latin and south American or southern European origin. I am entirely of Northern European origin, and we are stereotyped as cold, emotionless, dispassionate…)

On the very off chance that I’d hit a vehicle I did not hit, and that had left no traces on my vehicle, I offered to speak with Mrs. Haeberli. She never called me. Patrolman Carchedi got out his camera and went around my entire vehicle taking pictures. The more he found no signs of contact with another vehicle, the more agitated he became.

He then said he did not have to write me up for this, but he could tell I was lying to him because I could not look him in the eye. I said that I WAS looking him straight in the eye, that I was not lying, and that moreover, I was a teacher, not a criminal. He then said, “Oh teacher, teacher, teach me how to tell the truth.” He was so close to me, so much “in my face” that spit from his mouth landed on my face. I then said, “Well, …just do as I do, and tell the truth.”

He wrote his citation, for criminal misdemeanor no less, and departed. There was a civilian witness to most, but not all, of these goings-on. I noted that Patrolman Carchedi did not ask for my friend’s name, and I certainly shall not give it out—unless/until he testifies in court on my behalf, which he has said he will.

There is a photocopy of the report and photos - what Patrolman Carchedi says is gray paint on my bumper. I was given a black and white (actually gray) photocopy that shows no detail. No better proof was offered in court, by the way. (And the case was dismissed.)

THREE: I am not a “nut case” or someone “known to have numerous psychological problems.” (can you say litigation?) My psychotherapist, Dr. David Presnall, states my ONLY mental condition, and the reason I am on Social Security Disability. (Documented)

FOUR: If you want a detailed report of WHY and HOW I got on disability, ask me. Here’s a clue. On August 6, 1991 at about 9 pm, I called the Orleans Rescue Squad because my then-fiancé, John J. Miller, with whom I had just eaten dinner, was having a massive cerebral hemorrhage. He turned out to have an Arteriovenous Malformation (AVM) in his head, a condition present since birth, with tangled arteries and veins and many nasty aneurisms. He was operated on at Cape Cod Hospital on August 6, 1991, but should have been medi-vacked to Boston. He later had multiple brain surgeries performed by world-known doctors at New England Medical Center, but because of his first surgery at CCH, he has severe irreparable short term memory loss. I have been John’s legal guardian for 17 years, at great expense and the commission of career suicide. I resigned from Cape Cod Tech in 1994, finally, after being an advocate and daily visitor to John in Boston, and taking care of my non-driving mother while my father was in Bay State Medical Center in Springfield, MA for a month in a coma. I applied for and received disability in August of 2000, after going through all my own resources, and trying to accomplish the impossible for my ward. Sometimes I succeeded.

FIVE: I’ve been a member of the Orleans Cultural Council, the Cape Cod Tech School Committee for Orleans, taught at Cape Cod Tech for 12 years, as well as various other places. I have a BA in English, Social Studies and Art from UMass-Amherst and an M. Ed from UMass-Boston in English, Social Studies and Art. I am also certified to teach Vocational Arts Graphic Arts Copy Preparation/Computers, which I did for 12 years. I have been a resident taxpayer and voter at 143 Tonset Road in Orleans for 27 years. My life is squeaky clean. I have never been arrested for anything. Nobody in my family has ever been arrested.

SIX: My license was revoked after a report to the RMV by Patrolman Carchedi. The offense is “IMMED THREAT-MEDICAL/ORLEANS.” What is the immediate threat? What is the medical condition?? This has been a HUGE annoyance. I maybe am a Type 2 diabetic, and have been forced to walk 3 to 5 miles daily to get food and to lead a semblance of a normal life. On Wednesday, 21 May/2008 a clerk at Citizens Bank in Orleans called the rescue squad for me. I had severe shooting pains in my right leg and could not walk. The ER doctor said that I had bursitis from overwalking. Yet, what choice did I have?? Not eating the correct food will kill a diabetic in short order.

SEVEN: A criminal complaint was filed by Melissa E. Marshall (who is she? I know she is an Orleans Police Officer, but what does she have to do with me?) The report is filled out very incompletely. There is a new hearing date because, fortunately, I got copies of police records that a hearing had been held on May 9, 2008, which had long since passed. I called the courthouse, and the person to whom I spoke said that my copy of the summons to appear had been returned unopened…..although, looking at the citation form I had signed and dropped out, she saw that I had put my address as P.O. Box 1199, not PO Box 199, as the summons envelope to me was addressed.

I submit that this error was intentionally made by Patrolman Carchedi as a way of delaying the reinstatement of my license – since his case had no merit. And at the rescheduled hearing on July 11, 2008, the criminal citation was dismissed—“No Probable Cause.” What a surprise.

EIGHT: There ARE NO CURBS on either Finlay or Giddiah Hill Roads, therefore there could have been no “FRESH CURB MARKS ON TIRES.” It is a rutted, potholed road that has had orange and white repair barrels for more than a year. Giddiah Hill Road also has many potholes.

NINE: Three Orleans Police Department Officers came into the Pause-a-While Building at 26 Giddiah Hill Rd., where I was attending a noontime 12-step meeting, and asked me to step outside. They pointed to my parked jeep, which was quite a distance from where we were standing, and told me there were “obvious fresh curb marks” on my tires. I did not see any.

They departed without giving me any kind of citation or warning. The “MOTORISTS” who said they saw me hitting these non-existent curbs is unidentified. How convenient. I thought Orleans, Massachusetts was part of the United States of America, which has laws about this kind of thing…..

Now, MAYBE I backed into a police cruiser driven by Patrolman Brian D. Carchedi on 19 March 2008.. This was two days after I came home to find the Orleans and Eastham fire departments on my lawn, attempting to put out a very hot fire. I lost everything I owned in this fire, and my two 5-month-old kittens lost their lives. I backed into Patrolman Carchedi’s cruiser because he was tailgating me at the stoplight where I was attempting to back up slightly from the white line. He states in his report that there is no damage to either vehicle. No ticket or citation was issued.

He told me that he had first met me two days before, at the scene where my house burned down. I told him I did not remember meeting him, because I was preoccupied with more important things like a very tall, kind firefighter with tears in his eyes handing me a dead 5-month-old kitten. He got a shovel (the firefighter, not Patrolman Carchedi) and helped me bury little Angel. I took my jacket off so she wouldn’t be cold, and asked him to dig deep so the coyotes and other predators would not get at her. He complied. I also placed rocks on her grave. My other kitten died at the vet’s office, although the Orleans Fire Department tried to save her life. (I am entirely grateful to them for their help that night, as well as to the Red Cross, who found me lodging for the next few nights.)

TEN: A picture of a tire was taken by Patrolman Brian D. Carchedi. I am not sure what it is supposed to show. Fresh Photoshopped curb marks? No ticket or citation or warning was issued.

ELEVEN: There is also a “narrative” by one Kerry O’Connell, unknown to me. She (or he) says “This party is known to me and has many psychological problems.” A (sic) immediate threat form was filled out on April 21, 2008 by Patrolman Brian D. Carchedi. (It is never a good idea to put statements like this in writing—that someone has many psychological problems. That is litigious. Is Kerry O’Connell a psychiatrist??)

TWELVE: On 5/01/08, Officer Daniel Elliott kindly stopped on Tonset Rd. and gave me a ride to my appointment with Dr. Matthew Rubel, who has an office at Boardwalk on the Cove. I told Officer Elliott this. I did not go to the Double Dragon. Please check with Dr. Matthew Rubel. He is in the phonebook, and has been informed of this ride by me.

THIRTEEN: I certainly was not “WAIVING DOWN VEHICLES,” and am not quite sure what Officer Elliott means by this statement. I DID have a broken tailbone. This occurred when I rode my bicycle to the Pause-A-While on Giddiah Hill Road off Finlay Rd. When I stopped at my destination, a rough gravel parking lot, my bike fell on me because the last person I let ride it had adjusted the seat a bit too high and both of my feet did not reach the ground. Patrolman Carchedi had seen fit to have my right to drive my vehicle taken away, for all the spurious reasons mentioned in all these reports.

FOURTEEN: On 5/06/2008, someone named Brian Allard called the Orleans Police Department, advising of “A FEMALE ON RT. 28 HEADING SOUTH BY FINLAY RD, IN AND OUT OF TRAFFIC. WALK IN COMPLAINT ALSO.” (person unnamed.) Officer Daniel Elliott stopped me for WALKING (he had to get out of his police cruiser and walk to do so) and said “SHE WAS WALKING NEAR THE SIDE OF THE ROAD ON THE RIGHT HAND SIDE.”

I told the officer that I had been walking since I was 1 year old, and had never been stopped for walking; moreover, I had never heard of anyone being stopped for walking (this was not jaywalking, just plain old walking). The officer said, “Oh, it happens all the time. Just the other day I stopped 2 kids on bikes….” And then his voice trailed off as he realized what he had just said. He then said, “But they weren’t walking.” I asked him if he had EVER stopped anyone for walking (before me) and he said he had not. He then assisted me across the street to the “PROPER SIDE TO WALK ON FOR SAFETY.” Shortly thereafter, I was given a ride by some friends who were going to the same place I was going.

FIFTEEN: Patrolman Brian D. Carchedi sent a copy of his Criminal Report to my auto insurance company.

The owner of the car, Mrs. Haeberli, nevers states that she KNOWS who hit her car, which was parked at the library for two hours. I did NOT hit Mrs. Haeberli’s vehicle. There is NO trace of impact on my Jeep. My Auto Body Mechanic told the insurance adjuster that there were a few scratches on my fenders—but these were from normal Jeep driving, in the woods and on the outer beach. And it is, after all, an 11 year old vehicle. The insurance adjuster told me that they had to give the OTHER party the benefit of the doubt and assume that I was at fault, but that I should fight it in traffic court. Why should I have to fight it in traffic court, which is in Plymouth, a long walk from Orleans?

SIXTEEN: The RMV Hearings Officer made a decision that I must get a medical evaluation form signed off by my doctor, and then take a road test. 2 doctors “fired” me (i.e., refused to treat me any longer)—the Hearings Officer had attached a copy of the “Request for Suspension…” to the evaluation form, highlighted in yellow.

My current primary, Dr, Khan of Outer Cape Health in Wellfleet, told me he could not sign off on a nonspecific medical threat. (I think that is logical.) The RMV could come up with no medical or even REAL reason, so they went back to LAST year, when Dr. Ziad Farah (Endocrinologist) signed the Registry form that I was fit to drive. I was NOT asked to take a driving test. THIS year, when I presented him with a criminal citation highlighted in yellow, he wanted no part of it or me.

Summary

WHY DID I LOSE MY LICENSE? There are several explanations. Intentional police abuse. Intentional denial of due process. The bungling error of a rookie patrolman compounded by a stubborn Chief of Police who refused to admit that any of his men could ever make a mistake – any mistake? An error compounded by vicious and litigious slander? I don’t care WHY anymore. But is upholding this mess where you want your tax dollars at work?

Customer: replied 5 years ago.
good morning :)
sent the cliff notes...looks like most of it got through. forget about not putting email etc.
really thank you for trying!! please don't give up. problem is, in 5 months i have tried just about everything known to mankind to get my license back.....with no luck. i've been slapped down daily. just a tad disheartening. i'm sending stuff to RMV today....no high hopes. beaurocracies are beaurocracies. oh for the days of cave-writing....
i'm hoping that the solution will show itself....this IS the u s of a, last i checked.
jhs
ps: wish i could just retain YOU--but i don't think you're even in the same state.
Expert:  Jim Reilly replied 5 years ago.
Unfortunately, we are not in the same state (I am in California) and I am not licensed to practice law in Massachusetts.

The notes you posted are all readable, but give me no new ideas about what you might want to try. So, submit your materials to RMV and see what happens. Based on everything you have said, the license revocation appears to me to be unjustified, so perhaps someone at RMV will see it the same way.

I see that you posted in the Legal Questions category as well. There are some experts there who would not have seen this thread, so perhaps you will get another response that helps. If not, you could still try finding a pro bono attorney in Massachusetts to help you. And let me know how you make out.

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